E-newsletter  -  December 2011

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Labor & Employment
Companies: be careful when using the geolocation technology as a tool to monitor the working time of your itinerant employees

More and more companies use systems and devices enabling the geolocation of their employees. To address this issue, the Commission Nationale de l’Informatique et des Libertés (French Data Protection Authority, hereinafter the “CNIL”) adopted as early as in 2006 a recommendation relating more specifically to the implementation of devices designed to track motor vehicles (Deliberation n°2006-066 of March 16, 2006).
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Intellectual Property
Trademark law and the internet: use of competitor's trademark in the context of a paid referencing service

Trademark law and business law must permanently evolve and address new practices that emerge from the development of the Internet. It is indeed necessary to strike the appropriate balance between the interests of companies wishing to protect themselves against unfair business practices and to protect their trademark(s) and the necessity to guarantee free market competition.
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Insolvency & Bankruptcy
The Belvedere case: vodka, angry creditors and news judicial precedent

By judgment dated December 1, 2011, the Court of Appeals of Nîmes authored a new chapter of the “procedural” saga of BELVEDERE, a worldwide leader in wine and spirits. As counsel of one of the largest creditors of BELVEDERE, this is a case that we carefully monitor. The judgment of December 1 did not settle all pending issues. The Court will re-open the trial on January 5, 2012. Yet, the handed down judgment does clarify a procedural issue that had never been dealt with in the past concerning the suspensive effect of the Public Prosecutor’s appeal against a judgment ordering the conversion of safeguard proceedings into receivership proceedings.
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